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Jurisprudence and Philosophy of Law x Law x clear all

A ‘Justified Normativity’ Thesis in Hans Kelsen's Pure Theory of Law?

Stanley L. Paulson.

in Institutionalized Reason

February 2012; p ublished online May 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 31072 words.

This chapter explores the justified normativity thesis in Kelsen's legal philosophy, with particular attention to the works of Raz and Alexy. It raises doubts about whether anything as...

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‘A Sort of Farewell’: Sovereignty, Transition, and Devolution in the United Kingdom

John Morison.

in Sovereignty and the Law

November 2013; p ublished online January 2014 .

Chapter. Subjects: Constitutional and Administrative Law; Jurisprudence and Philosophy of Law. 13824 words.

Developing Michel Foucault’s famous remark about cutting off the King’s head this Chapter considers the persistence of sovereignty in constitutional discussion, particularly in the area of...

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‘A Voice Within’: Power-Holders’ Perspectives On Authority And Legitimacy

Anthony Bottoms and Justice Tankebe.

in Legitimacy and Criminal Justice

November 2013; p ublished online January 2014 .

Chapter. Subjects: Criminal Law; Jurisprudence and Philosophy of Law. 11959 words.

Legitimacy is now a well-established concept in the literature on criminal justice. However, the research so far completed has focused almost exclusively on what might be called audience...

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Aboriginal Societies and International Law: A History of Sovereignty, Status, and Land

P.G. McHUGH.

in Aboriginal Societies and the Common Law

December 2004; p ublished online January 2010 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 13503 words.

This chapter shows how, after World War II, international and municipal legal systems transformed into a more complex and juridified conception where law increasingly modified and curbed...

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Aboriginal Societies and the Common Law

P.G. McHugh.

December 2004; p ublished online January 2010 .

Book. Subjects: Jurisprudence and Philosophy of Law. 674 pages.

This book describes the encounter between the common law legal system and the tribal peoples of North America and Australasia. It is a history of the role of anglophone law in managing...

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Aboriginal Sovereignty and Status in the ‘Empire(s) of Uniformity’

P.G. McHUGH.

in Aboriginal Societies and the Common Law

December 2004; p ublished online January 2010 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 58589 words.

Through the 17th and most of the 18th centuries, the formal pattern of British relations with non-Christian societies carried strong residual traces of a medieval and personalized approach...

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About Morality and the Nature of Law

Joseph Raz.

in The American Journal of Jurisprudence

January 2003; p ublished online January 2003 .

Journal Article. Subjects: Jurisprudence and Philosophy of Law. 0 words.

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About Morality and the Nature of Law

Joseph Raz.

in Between Authority and Interpretation

February 2009; p ublished online May 2009 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 7444 words.

This chapter explores the connection between law and morality. It argues that the denial of necessary connections between law and morality cannot be sustained. However, many of the claims...

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The Absence of Contradiction and the Contradiction of Absence: Law, Ethics and the Holocaust

David M Seymour.

in Law and Popular Culture

April 2005; p ublished online March 2012 .

Chapter. Subjects: Jurisprudence and Philosophy of Law. 6563 words.

This chapter discusses Desmond Manderson's article From Hunger to Love: Myths of the Source, Interpretation, and Constitution of Law in Children's Literature. In his interpretation of...

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Absent Parties and Bloody-Minded Judges

Ernest Metzger.

in Mapping the Law

August 2006; p ublished online January 2009 .

Chapter. Subjects: Human Rights and Immigration; Jurisprudence and Philosophy of Law. 11517 words.

This chapter uses the provisions of chapter 84 of the Lex Irnitana and other texts to argue that what may at first sight appear simply to be requirements that the judge should adjourn...

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